Watermolen v. Fox River Electric Railway & Power Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. HastiNgs, Je., Circuit Judge. On February 12, 1900, Frank Watermolen, plaintiff’s intestate, twenty-one years of age, in full possession of all his-faculties, and of ordinary intelligence, was engaged in hauling ice in the city of G-reen Bay.
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Appeal from a judgment of the circuit court for Brown county: S. D. HastiNgs, Je., Circuit Judge. On February 12, 1900, Frank Watermolen, plaintiff’s intestate, twenty-one years of age, in full possession of all his-faculties, and of ordinary intelligence, was engaged in hauling ice in the city of G-reen Bay. At the time in question he-was driving the last, of three empty ice wagons westward on the north side of Main street, a paved thoroughfare, in the-middle of which the defendant maintained a single railway track. He was traveling from a considerable distance -eastward towards a point…
1Opinion of the CourtDodge, J.
The general facts of this case, to which are to be applied the rules of law governing the rights of the parties, are very simple, notwithstanding much conflict of evidence as to minor details, such as the distance away of the car when deceased attempted to make the crossing, its speed j and the exact place of the attempt. There is no dispute whatever that for a considerable time the car had been plain before the decedent’s vision, and, whatever its exact location or speed, they were necessarily known to him. That location and speed were such that although he hastened his team to the utmost,…
2Cases cited10 opinions
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
- Tesch v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
- Koester v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
- Lockwood v. Belle City Street Railway Co.Wisconsin Supreme Court · 1896
- Schug v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Williamson v. McKennaOregon Supreme Court · 1960
- Helme v. Great Western Milling Co.California Court of Appeal · 1919
- Barlow v. FosterWisconsin Supreme Court · 1912
- State v. WhatleyWisconsin Supreme Court · 1933
- Grimm v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1909
18 more not listed; retrieve them via the Exa API.